State AG Opinions
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Does a Texas county treasurer or commissioners court control the money in a court's registry account?
The AG concluded neither one controls it the way the county controls its own funds. Money paid into a court's registry is held in trust and does not belong to the county, so it sits in a separate…
Can a county's contract collection attorney go after unpaid restitution owed to a crime victim?
The AG concluded it can. Article 103.0031 of the Code of Criminal Procedure lets a commissioners court hire a private attorney or vendor to collect a list of criminal items, and that list expressly…
Can a county budget officer also be a staff employee of the county judge or commissioners court?
The AG concluded yes, the common-law incompatibility doctrine does not bar it. A county budget officer and an assistant budget officer can also hold employee jobs working for the county judge and…
Can a Texas general-law city collect HOA dues for a homeowners association through its water bill?
The AG concluded it cannot. A Type A general-law city has only the powers the State expressly grants plus those reasonably necessary to carry them out, and no statute gives such a city authority to…
Can Arizona counties keep their own voter registration databases, and can the Secretary of State pass off public records requests for voter data to the counties?
Yes, Arizona counties can run their own voter registration databases (Maricopa and Pima do), but they must transmit every piece of voter information they hold to the official statewide database in…
Why did the Arkansas AG reject the Arkansas True Grass recreational marijuana ballot title in 2017?
The AG rejected the entire submission. The proposed measure had a Section 10 listing 13 categories of unlawful activity that was completely absent from the ballot title, and the text contained…
Does a Delaware public body have to mail copies of records to someone who can't visit in person, like an incarcerated requester?
No. The AG found Delaware FOIA only requires a public body to make records available for inspection and copying during business hours, not to mail copies, even to an incarcerated requester who sent…
Did the Idaho AG flag legal problems with the 2017 Reclaim Idaho Medicaid expansion initiative that became Proposition 2 in 2018?
Mostly no. AG Wasden's Certificate of Review flagged minor drafting issues (improper underlining in Section 2, an inappropriate emergency clause, an enactment-clause that should reference 'voters'…
Can a city's Advertising and Promotion Commission staff see business-by-business hotel/restaurant tax data that's exempt from FOIA?
Not as ordinary citizens under FOIA, but Commission staff and agents may have access through their official tax-collection and enforcement duties under the Advertising and Promotion Commission Act.…
Is Arkansas's $500 personal property exemption an absolute cap, or can debtors protect more under specific statutes?
Not an absolute cap. The $500 limit in Article 9, Section 2 generally binds bankruptcy debtors and direct contract judgments, but does not block statutory exemptions claimed against third-party…
Can someone who isn't already on a police force take an Arkansas civil service exam for a supervisory opening?
Yes, if the city's civil service commission rules allow it. State law permits outside law-enforcement officers to compete for supervisory openings, but does not require commissions to consider…
How long does the Arkansas Auditor of State have to keep redeemed and unredeemed state warrants?
There is no specific statutory time limit for keeping unredeemed warrants. Redeemed warrants must be kept for one year in original paper form, or three months for the original plus ten years for an…
Can Tennessee state or local governments use Construction Management-at-Risk contracts (where the construction manager also performs some of the actual construction work) for jail and prison projects?
No, according to the AG. Tenn. Code Ann. § 12-4-107(b) only allows state and local governments to hire construction managers as agents or advisors for correctional facility projects, and it…
Can the City of Bell Gardens file a quo warranto lawsuit to remove a city council member who missed every regular meeting for 60 straight days?
Yes. The AG granted the City of Bell Gardens leave to sue council member Jennifer Rodriguez in quo warranto. Government Code section 36513 declares a council seat vacant after 60 days of unexcused…
Can a licensed Arkansas architect operating as a sole proprietor use a business name with their name?
The AG declined to answer. The Arkansas State Board of Architects, Landscape Architects, and Interior Designers had already decided the issue in a quasi-judicial order. AG opinion policy reserves…
When the West Virginia Legislature accidentally passes two different versions of the same code section in the same session, House Bill 2506 amending one piece, then Senate Bill 687 reenacting the section without that amendment, which version is law?
The AG concluded in 2017 that a court would likely keep the House bill’s harmonic-mean-flow requirement in subsection (c), while giving effect to the rest of the later Senate bill. The Senate bill’s…
When a Tennessee sheriff levies on a debtor's bank account to satisfy a judgment, is the $40 levy-of-execution fee allowed instead of the $20 collection-of-money fee?
Yes, according to the AG. A levy of execution on funds held in a bank account is a levy of execution on property under § 8-21-901(a)(2)(A), so the $40 fee applies. The general $20 fee in subsection…
When a Tennessee sheriff serves a levy of execution on a debtor's bank account, can the sheriff charge the $40 levy-of-execution fee or only the $20 fee for collecting money to satisfy a judgment?
The AG concluded the $40 fee applies. A levy of execution on bank-held funds is still a levy of execution on property under § 8-21-901(a)(2)(A), and the specific provision controls over the general…
Could each South Carolina school district create more than one school of choice under the statute?
The Attorney General reaffirmed its prediction that the statute allowed one school of choice per district. It rejected a competing reading of the rule that singular words can include plurals,…
Can a South Carolina deputy coroner also serve on a county rescue squad board?
The Attorney General concluded in 2017 that serving as both a Newberry County deputy coroner and a member of its Board of Rescue Squads would violate the state constitutional ban on dual office…
Could James Island raise its property tax millage to pay a public service district for trash collection?
The 2017 opinion did not give the proposed contract an unconditional approval. It said a new tax required specific legislative authority, any municipal millage increase had to meet statutory limits,…
Could a South Carolina city require tobacco stores to get a local retail license?
The Attorney General concluded in 2017 that cities and counties likely could license tobacco retailers by ordinance. A local ordinance still could not effectively prohibit a retail business that…
Could a South Carolina charity hold a paid casino night if play was for entertainment and awarded no prizes?
The Attorney General concluded in 2017 that a court would likely find the described $75 ticket casino night illegal. The opinion treated admission as consideration, games as chance, and continued…
Does a voting machine that also prints a marked paper ballot still count as a direct recording electronic voting machine in Texas?
The AG concluded yes. Under the Election Code, a 'direct recording electronic voting machine' is one designed for a direct vote by touching a screen that records votes electronically. Adding a…
What should a South Carolina sheriff do with seized cash or property when forfeiture is uncertain?
The 2017 opinion urged case-by-case coordination with prosecutors. It identified a possible human trafficking forfeiture route for certain prostitution payments, read drug forfeiture petitions as…
Can a Delaware police-funding committee hold a closed session to discuss a fraud investigation into grant money?
Yes. The AG found the State Aid to Local Law Enforcement Committee properly closed part of its meeting to review an active investigation into possible misuse of grant funds with the assigned…
Why did the Arkansas AG reject the second Arkansas Blue Grass cannabis ballot title submission in October 2017?
The AG rejected the entire submission because the proposed amendment retained the same kinds of textual ambiguities flagged in earlier opinions, which made an accurate ballot title impossible to draft.
After Georgia's 2015 SB 100, which Georgia drug and DUI convictions does a superior court clerk have to report to the Department of Driver Services for license suspension?
The cited drug DUI convictions are reportable by virtue of conviction alone. For the cited drug felonies, the clerk must first determine whether a motor vehicle was used in the felony; the same…
Could Green Forest Police Department deny a FOIA request for ex-officers' records because they weren't terminated?
The AG declined to opine on the specific denial because no records were submitted. The opinion sets out the framework: personnel records open unless privacy outweighs disclosure, evaluation records…
Did Act 877 of 2017 take away Arkansas surveyors' immunity from criminal trespass?
No. Act 877 did not amend the surveyor-immunity statute. Licensed Arkansas surveyors retained their immunity from arrest for criminal trespass, and government-employed surveyors gained an additional…
After Act 365 of 2017 exempted Arkansas Game and Fish from the UCCA, can it still use the same compensation rules?
Yes. Even after Act 365 of 2017 largely exempted the Game and Fish Commission from the UCCA, the Commission may voluntarily follow UCCA-style compensation practices (base salaries, differentials,…
Could a South Carolina charter school board member help start a second charter school?
The Attorney General concluded in 2017 that a public charter school board member could also serve on a charter committee for a separate proposed school without violating the dual office holding ban.…
Can a Texas municipal utility district use surplus funds to fix or replace residents' cluster mailboxes?
The AG concluded it cannot. A municipal utility district can exercise only the powers the Legislature has clearly granted, tied to the water and natural-resource purposes behind its creation.…
Could a South Carolina magistrate also serve as attorney for the same county?
The Attorney General advised against a Hampton County magistrate also serving as county attorney. It thought the attorney role could compromise the judicial detachment required of a magistrate,…
Does W. Va. Code § 3-8-12(a), which forbids anonymous campaign leaflets supporting or opposing a clearly identified candidate, violate the First Amendment?
Yes, almost certainly. The AG concluded that under Talley and McIntyre, the state's flat ban on anonymous campaign leafleting fails strict scrutiny: the law is overbroad, sweeping in publications…
Which Idaho Department of Correction employees qualify for Rule of 80 retirement under PERSI, and what happens to accrued benefits if a position is reclassified out of police officer member status?
AG Wasden concluded in 2017 that only wardens and POST-certified correctional officers (those accountable for the custody, supervision, and safety of inmates inside a confinement facility) qualify…
Can a Delaware town withhold a private investigator's report on police-misconduct allegations under attorney-client or work-product privilege?
Yes, if the report was funneled through the town's attorney as part of its legal representation. The AG found the Town of Smyrna could withhold a private investigator's report on its police chief…
Can a Delaware city call a special council meeting with less than seven days' notice to meet a grant deadline?
Yes, if the need for the meeting genuinely arose within the last seven days. The AG found Newark's city council properly called a special meeting on four days' notice to reconsider a bridge-funding…
Could a Little Rock employee learn what the city would release from his FOIA'd personnel file?
The AG declined to opine on specific records because no actual records were submitted. The opinion sets out the FOIA standards the custodian must apply: personnel records open unless privacy…
Can a Tennessee county use its road crew and equipment to repair a road leading to a cemetery if the road isn't on the county's road list?
Not necessarily. The answer depends on whether the repair is an official county road purpose. A county may also perform reimbursed work for another governmental entity under § 54-7-202(d). Cemetery…
Could a South Carolina charity hold a casino night with chips but no cash prizes?
In 2017, the Attorney General reiterated its view that casino style charity events with chance games and continued play won through chips violated state gambling law, even without a material prize.…
How must a South Carolina school board approve hiring a trustee or close family member as a teacher?
The 2017 opinion said the board could choose the format of the required written approval, but approval had to come from a majority vote with a quorum at a public meeting. The board could discuss…
Could Charleston require carriage horses to join a scientific working conditions study?
The Attorney General did not decide whether Charleston could compel carriage businesses to participate in a proposed horse welfare study. With no ordinance or testing procedure to examine, it…
Is a city council's ad hoc reorganization committee a public body that must keep meeting minutes?
Yes. The AG found Wilmington's Council Organization Commission was a public body subject to FOIA's meeting and minutes rules. It said the Commission violated FOIA to the extent its six meetings did…
Could heirs of former Thomas Island owners repurchase land acquired for a ports project?
The Attorney General concluded in 2017 that a court would more likely than not read the statutory right of first refusal to include heirs and beneficiaries of former Thomas Island owners. It called…
Can Delaware deny you your own pre-employment background check records under FOIA?
Yes, if the agency was legally required to investigate you before hiring. The AG found DOC could withhold a rejected job applicant's own background investigation file as an exempt investigatory…
Would a Tennessee bill regulating motorboats carrying passengers for hire in tourist resort counties be preempted by federal law, and does its narrow application violate equal protection?
Partial preemption, no equal-protection problem. The AG concluded that the bill's state inspection and licensure requirements would likely be preempted as applied to inspected vessels (federal field…
Could Greenville County Council’s chair change committee assignments before members’ terms ended?
The Attorney General concluded in 2017 that the amended Greenville County Council rules likely let the chair change standing committee membership as merited and make additional appointments as…
Could Summerville use one central polling place for its municipal election?
The 2017 opinion said South Carolina law allowed a municipality to pool precincts for municipal elections and use a central voting place if all five statutory conditions were met. It warned that a…
Is a college advisory committee a 'public body' that must hold open meetings under Delaware FOIA?
It depends on who is on it and what it does. The AG found DelTech Community College's Criminal Justice Advisory Board was a public body subject to FOIA because it could act as a group and included…
Are a Delaware public official's personal emails about government business subject to FOIA?
Yes, according to this opinion. The AG reversed its own 2011 position and held that emails in an official's personal account are public records under Delaware FOIA if they were required by, done at…
Why did the Arkansas AG reject the Arkansas True Grass recreational marijuana ballot title in October 2017?
The AG rejected the submission because the proposed amendment's defined terms were internally inconsistent (carry/carrying on/personal effect) and its plant-cultivation rules contained multiple…
Can a West Virginia county pay its public libraries with hotel occupancy tax revenue, even when the libraries' main purpose is lending books rather than promoting tourism?
Yes, if the libraries actually serve covered purposes under W. Va. Code § 7-18-14(c). Pocahontas County's free libraries function as 'tourist information centers' (free Wi-Fi, maps, flyers, staff…
Does a Delaware town have to prove its electronic meeting notice posted on time, or just the physical posting?
Just the physical posting, for a municipality like Dewey Beach. The AG found the town's September 22 meeting notice was timely because it was posted at the town's office at least seven days ahead;…
Could a nonlawyer mayor pro tempore preside over a Louisiana mayor's court with the mayor's consent?
No. The AG said a nonlawyer mayor pro tempore could not preside over a mayor's court even with the mayor's written consent. The governing statute allowed the board of aldermen, at the mayor's…
Can a Texas doctor prescribe naloxone or another opioid-overdose drug to a police department?
The AG concluded yes. Health and Safety Code section 483.102 lets a prescriber, directly or by standing order, prescribe an opioid antagonist such as naloxone to a person at risk of an opioid…
Can a Tennessee county or city set appearance-based design standards for single-family homes (exterior paint, materials, roof style)?
Tennessee's zoning statutes can support appearance-based standards for single-family homes. The AG said an ordinance is valid unless it violates a state statute or constitutional guaranty, or is…
Can a license holder carry a concealed handgun into a Texas junior college board of trustees meeting?
The AG concluded that on a junior college campus, where campus carry already permits concealed handguns, a license holder who carries one into an open board meeting at which no Penal Code section…
Can a Texas school district run buses into a neighboring district without an interlocal agreement?
The AG concluded it cannot, at least for regular to-and-from-school transportation. Education Code section 34.007 lets a school district operate a transportation system inside its own boundaries,…
When Connecticut has no enacted budget, does the Governor have the legal authority to reduce special education excess-cost grants, withhold municipal revenue sharing, and adjust the motor vehicle mill-rate tax cap on his own?
The AG said a court could reject the proposed reduction in special education grants and the use of a 37-mill threshold for motor vehicle grants, but the outcome was uncertain. A court could also…
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